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OSHA 1919.5

Accreditation duration and renewal

Subpart B

15 Questions & Answers
8 Interpretations

Questions & Answers

Under 1919.5, how long does an accreditation remain valid?

An accreditation is valid for no more than three years. This is stated directly in 1919.5. Employers and accredited persons should plan renewal activity well before the three-year limit to avoid any lapse in accreditation.

Under 1919.5, what form must be used to apply for renewal of accreditation?

You must use the same application form described in 1919.3 when applying for renewal. Follow the instructions and fields in 1919.3 so the renewal is "properly executed" as required by 1919.5.

Under 1919.5, when must a renewal application be filed so the accreditation does not expire during review?

A renewal application must be filed with the Assistant Secretary not less than 15 days and not more than 60 days before the accreditation expiration date for the accreditation to remain in effect during review. 1919.5 requires the application to be "properly executed" and filed within that 15–60 day window to prevent expiration while the renewal is being acted on.

Under 1919.5, does accreditation continue while OSHA decides on a timely renewal application?

Yes — if the renewal application is properly executed and filed with the Assistant Secretary within the 15–60 day window, the accreditation does not expire until action on the renewal has been finally determined. 1919.5 explicitly protects accreditations in that situation.

Under 1919.5, what does the phrase "final determination" mean for a renewal application?

A "final determination" means either the approval or the initial denial of the renewal application. That definition is given in 1919.5, so once the Assistant Secretary reaches one of those outcomes the "final determination" condition is met.

Under 1919.5, what happens if a renewal application is filed outside the 15–60 day window?

If the renewal application is not properly executed and filed with the Assistant Secretary between 60 and 15 days before expiration, the special protection that prevents expiration during review does not apply. 1919.5 makes the non-expiration conditional on timely, properly executed filing, so filing outside that window can result in the accreditation expiring before action is taken.

Under 1919.5, if a renewal application receives an initial denial as the final determination, is the accreditation renewed?

No — an initial denial listed as the "final determination" means the renewal is not approved. 1919.5 defines final determination as approval or initial denial; an initial denial therefore results in non-renewal. Review and any further procedures for challenge or appeal are governed by the procedures in 1919.4.

Under 1919.5, what procedures govern the review and possible denial or approval of a renewal application?

Renewal applications are subject to the same procedures specified in 1919.4. 1919.5 states that the procedure in 1919.4 is applicable to all renewal applications, so you should follow 1919.4 for details about review, notice, and any appeal steps.

Under 1919.5, where must a renewal application be filed?

A renewal application must be filed with and received by the Assistant Secretary. 1919.5 specifies that timely filing with the Assistant Secretary is the condition that preserves accreditation during review.

Under 1919.5, what does "properly executed" renewal application mean in practice?

A "properly executed" renewal application means the application is completed according to the requirements and instructions of the application form described in 1919.3. 1919.5 ties the non-expiration protection to a correctly prepared application, so follow 1919.3 exactly to avoid filing defects.

Under 1919.5, can an accreditation be issued for more than three years if renewal procedures are underway?

No — the period of accreditation shall not exceed three years. 1919.5 limits accreditations to a maximum three-year term; renewals are processed so the holder can continue but the underlying limit on duration remains.

Under 1919.5, what should an employer or accredited person do to avoid a lapse in accreditation?

To avoid a lapse, submit a properly executed renewal application on the same form required by 1919.3 and ensure it is received by the Assistant Secretary not less than 15 days and not more than 60 days before the current accreditation expires. 1919.5 makes timely and proper filing the condition that preserves accreditation during the renewal review.

Under 1919.5, if accreditation expires because a renewal wasn't filed on time, how must an applicant reapply?

If accreditation lapses, you must submit a new application using the 1919.3 form and follow the procedures in 1919.4. 1919.5 ties renewal to those same sections, so post-expiration reapplications follow the standard application and review process.

Under Part 1919 and related letters of interpretation, who assigns or approves a "competent person" and does Part 1919 require OSHA accreditation for that role?

The employer assigns or approves a "competent person," rather than a requirement that every competent person be certified by OSHA; however, some maritime standards reference Part 1919 accreditation where certificated persons are required. The 1977 letter of interpretation explains that the employer assigns competent persons but also notes that certain maritime material-handling devices must be certificated in accordance with Part 1919 and performed by persons accredited under Part 1919 (see the letter at https://www.osha.gov/laws-regs/standardinterpretations/1977-04-26 and 1919).

Under 1919.5, can renewal procedures include hearings or other steps described in 1919.4?

Yes — 1919.5 makes the procedure in 1919.4 applicable to renewals, so any review steps, notices, hearings, or appeal rights described in 1919.4 will apply to renewal applications as well.